Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)

Schedule 4B Student learning entitlement

Higher Education Support Act 2003

6 Before Part 3-2

Insert:

Part 3-1 - Student Learning Entitlement

Division 70 - Introduction

70-1 What this Part is about

A person may be entitled to HECS-HELP assistance for a unit of study for which the person is a Commonwealth supported student if, among other things, the unit is covered by the person's Student Learning Entitlement.

Broadly speaking, a person will start with an SLE amount that is equivalent to 7 years of full-time study. However, the person's SLE amount may be added to for the purposes of certain courses of study or in certain circumstances.

A person's SLE amount is reduced as the person undertakes units of study as a Commonwealth supported student. The person's SLE amount may also be re-credited in certain circumstances.

70-5 The Student Learning Entitlement Guidelines

*Student Learning Entitlement is also dealt with in the Student Learning Entitlement Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.

Note: The Student Learning Entitlement Guidelines are made by the Minister under section 238-10.

Division 73 - Student Learning Entitlement and SLE amount

73-1 Student Learning Entitlement and SLE amount

(1) A person's Student Learning Entitlement is an entitlement that consists of:

(a) *ordinary SLE that the person has; and

(b) any *additional SLE that the person has; and

(2) A person's SLE amount at a particular time is the sum of the following amounts:

(a) the amount of *ordinary SLE that the person has under subsection 73-5(3);

(b) the amount of any *additional SLE that the person has under subsection 73-10(3);

taking into account any reduction that has occurred before that time under Division 76 and any re-crediting that has occurred before that time under amount Division 79.

73-5 Ordinary SLE

Persons who have ordinary SLE

(1) If a person is an *eligible person on 1 January 2022, the person has, on that day, ordinary SLE.

(2) If a person becomes (by birth or otherwise) an *eligible person on a day after 1 January 2022, the person has, on the earliest such day, ordinary SLE.

Amount of ordinary SLE

(3) The amount of *ordinary SLE that the person has on the day referred to in subsection (1) or (2) (as the case may be) is an amount equal to 7 *EFTSL.

Eligible person

(4) An eligible person is:

(a) an Australian citizen; or

(b) a citizen of New Zealand; or

73-10 Additional SLE

(1) A person has additional SLE if:

(a) the person is enrolled in a *course of study with a higher education provider; and

(b) the course is specified, or is a course of a kind specified, in the Student Learning Entitlement Guidelines for the purposes of this paragraph; and

(2) The person has *additional SLE on the day that the person enrols in the *course of study.

(3) The amount of *additional SLE that the person has on that day is an amount (expressed in *EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.

73-15 Lifelong SLE

(1) A person has lifelong SLE in the circumstances specified in the Student Learning Entitlement Guidelines.

(2) The person has *lifelong SLE on the day specified in the Student Learning Entitlement Guidelines.

(3) The amount of *lifelong SLE that a person has on that day is an amount (expressed in *EFTSL) worked out in accordance with the Student Learning Entitlement Guidelines.

73-20 Student Learning Entitlement is not transferable

A person's *Student Learning Entitlement cannot be transferred to, or used by, another person.

73-25 Ceasing to be an eligible person

(1) A person ceases to have *Student Learning Entitlement if the person ceases to be an *eligible person.

(2) If a person who ceased to be an *eligible person at a particular time (the cessation time ) becomes an eligible person again at a later time, the person has, at that later time, the same *SLE amount (if any) that the person had at the cessation time.

Division 76 - Reduction of a person's SLE amount

76-1 Reduction of a person's SLE amount

(1) A higher education provider must, on the *Secretary's behalf, reduce a person's *SLE amount at a particular time if:

(a) the person enrolled in a unit of study as part of a *course of study with the provider; and

(b) at the end of the *census date for the unit, the person remained so enrolled; and

(d) the unit is not:

(i) an *ineligible work experience unit for the person; or

(ii) a *replacement unit; and

(e) the person has, on or before the census date for the unit, completed, signed and given to an *appropriate officer of the provider a *request for Commonwealth assistance in relation to:

(i) the unit; or

(ii) where the course of study of which the unit forms a part is undertaken with the provider - the course of study.

Note: A person's SLE amount must be re-credited in certain circumstances: see Division 79.

(2) The amount of the reduction is an amount equal to the *EFTSL value of the unit of study.

(3) The reduction takes effect immediately after the *census date for the unit of study.

(4) If a higher education provider reduces a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, reduce any one or more of the following amounts to take account of the reduction under that subsection:

(a) an amount of *ordinary SLE (if any) that the person has at that time;

(b) an amount of *additional SLE (if any) that the person has at that time;

(5) If a higher education provider is unable to act for the purposes of subsection (1) or (4), the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

Division 79 - Re-crediting a person's SLE amount

Subdivision 79-A - Re-crediting a person's SLE amount in special circumstances

79-1 Re-crediting a person's SLE amount if special circumstances apply to the person

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if:

(a) the person has been enrolled in the unit with the provider; and

(b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and

(i) an *ineligible work experience unit for the person; or

(ii) a *replacement unit; and

(d) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and

(e) one or more *up-front payments have been made in relation to the unit and the amount of that payment, or the sum of those payments, is equal to 90% of the person's *student contribution amount for the unit; and

(f) the provider is satisfied that special circumstances apply to the person (see section 79-5); and

(g) the person applies, in writing, to the provider for the re-crediting of the person's SLE amount; and

(h) either:

(i) the application is made before the end of the application period for the application under section 79-10; or

(ii) the provider waives the requirement that the application be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period.

Note: It is a condition of a grant to the provider under Part 2-2 that the provider repay certain amounts relating to the unit: see section 36-24BA.

(2) If a higher education provider re-credits a person's *SLE amount at a particular time under subsection (1), the provider must, in accordance with the Student Learning Entitlement Guidelines and on the *Secretary's behalf, re-credit any one or more of the following amounts to take account of the re-credit under that subsection:

(a) an amount of *ordinary SLE (if any) that the person has at that time;

(b) an amount of *additional SLE (if any) that the person has at that time;

Note: A refusal to re-credit one or more of those amounts is reviewable under Part 5-7.

(3) If a higher education provider is unable to act for any one or more of the purposes of subsection (1) or (2), or section 79-5, 79-10 or 79-15, the *Secretary may act as if any one or more of the references in those provisions to the provider were a reference to the Secretary.

79-5 Special circumstances

(1) For the purposes of paragraph 79-1(1)(f), special circumstances apply to a person who made an application under paragraph 79-1(1)(g) for the re-crediting of the person's *SLE amount if, and only if, the higher education provider receiving the application is satisfied that circumstances apply to the person that:

(a) are beyond the person's control; and

(b) do not make their full impact on the person until on or after the *census date for the unit of study in question; and

(c) make it impracticable for the person to complete the requirements for the unit in the period during which the person undertook, or was to undertake, the unit.

(2) The Student Learning Entitlement Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under subsection (1) must be in accordance with any such guidelines.

79-10 Application period

(1) If:

(a) the person who applied under paragraph 79-1(1)(g) for the re-crediting of the person's *SLE amount with an amount equal to the *EFTSL value of a unit of study has withdrawn the person's enrolment in the unit with a higher education provider; and

(b) the provider gives notice to the person that the withdrawal has taken effect;

the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.

(2) If subsection (1) does not apply, the application period for an application made under paragraph 79-1(1)(g) is the period of 12 months after the end of the period during which the applicant undertook, or was to undertake, the unit of study.

79-15 Dealing with applications

(1) If:

(a) an application is made to a higher education provider under paragraph 79-1(1)(g) before the end of the application period for the application under section 79-10; or

(b) a higher education provider waives the requirement that an application made to the provider under that paragraph be made before the end of that period on the ground that it would not be, or was not, possible for the application to be made before the end of that period;

the provider must, as soon as practicable, consider the application and notify the applicant of the decision on the application.

(2) The notice must include a statement of the reasons for the decision.

Note: Refusals of applications are reviewable under Part 5-7.

Subdivision 79-B - Re-crediting a person's SLE amount if the person's HELP balance is re-credited

79-20 Re-crediting a person's SLE amount if the person's HELP balance is re-credited

(1) A higher education provider must, on the *Secretary's behalf, re-credit a person's *SLE amount at a particular time with an amount equal to the *EFTSL value of a unit of study if the person's *HELP balance is re-credited under any of the following provisions with an amount equal to the amount of *HECS-HELP assistance that the person received for the unit of study:

(a) subsection 97-25(2) (which deals with the main case of re-crediting a person's HELP balance);

(b) subsection 97-27(1) (which deals with the re-crediting of a person's HELP balance if the person does not have a tax file number);

(c) subsection 97-42(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider defaults);

(d) subsection 97-45(1) (which deals with the re-crediting of a person's HELP balance if a higher education provider completes a *request for Commonwealth assistance);

(e) subsection 97-50(1) (which deals with the re-crediting of a person's HELP balance if the person was not entitled to assistance).

(a) an amount of *ordinary SLE (if any) that the person has at that time;

(b) an amount of *additional SLE (if any) that the person has at that time;

(3) If a higher education provider is unable to act for the purposes of subsection (1) or (2), the *Secretary may act as if any one or more of the references in that subsection to the provider were a reference to the Secretary.

Division 82 - Unit of study covered by a person's Student Learning Entitlement

82-1 Unit of study covered by a person's Student Learning Entitlement - person's SLE amount not exceeded at enrolment

Person enrolled in one unit of study only

(1) A unit of study is covered by a person's Student Learning Entitlement if:

(a) the person enrolled in the unit (the relevant unit ) as a part of a *course of study with a higher education provider; and

(b) at the time of that enrolment, the person had not enrolled in any other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider that have *census dates that will occur after that time; and

(d) if:

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

Person enrolled in more than one unit of study

(2) A unit of study is covered by a person's Student Learning Entitlement if:

(a) the person enrolled in the unit (the relevant unit ) as a part of a *course of study with a higher education provider; and

(b) at the time of that enrolment, the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with that provider or with another higher education provider; and

(d) the person is a *Commonwealth supported student in relation to each of those other units; and

(e) the sum of the following does not exceed the person's *SLE amount as at that time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units; and

(f) if:

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

82-5 Unit of study covered by a person's Student Learning Entitlement - person's SLE amount exceeded at enrolment

(1) This section applies if:

(a) the person enrolled in unit of study (the relevant unit ) as a part of a *course of study with a higher education provider (the relevant provider ); and

(b) at the time of that enrolment (the enrolment time ), the person had also enrolled in one or more other units of study as a part of that course, or as a part of another course of study, with the relevant provider or with another higher education provider; and

(d) the person is a *Commonwealth supported student in relation to each of those other units; and

(e) the sum of the following exceeds the person's *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units.

(2) The relevant unit is covered by a person's Student Learning Entitlement if:

(a) the person notifies an *appropriate officer of the relevant provider that the person does not wish to be a *Commonwealth supported student in relation to one or more of those other units of study (the excluded units ); and

(b) the sum of the following does not exceed the person's *SLE amount as at the enrolment time:

(i) the *EFTSL value of the relevant unit;

(ii) the sum of the EFTSL values of each of those other units that are not excluded units; and

(i) the person's SLE amount as at that time includes an amount of *additional SLE in relation to a particular course of study; and

(ii) the EFTSL value of the relevant unit exceeds the amount worked out by subtracting that amount of additional SLE from the person's SLE amount as at that time;

the person enrolled in the relevant unit as a part of that particular course of study.

(3) A notice under paragraph (2)(a) must be given:

(a) in writing; and

(b) on or before the *census date for the relevant unit.

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